"Phil Kane" wrote in message
news.com...
On Wed, 22 Dec 2004 06:11:04 -0600, Todd Daugherty wrote:

I hear all this crap about K1MAN violating the FCC rules but the FCC
violates their own rules..

Sec. 326. - Censorship

Nothing in this chapter shall be understood or construed to give the
Commission the power of censorship over the radio communications or
signals
transmitted by any radio station, and no regulation or condition shall be
promulgated or fixed by the Commission which shall interfere with the
right
of free speech by means of radio communication

(a) it's not an FCC rule and is open to court interpretation.


What do you mean it's not an FCC rule?? I think you better look again try 47
USC 326 or Title 47 of the United States Code (Telegraphs, Telephones, and
Radiotelegraphs), Chapter 5 ( WIRE OR RADIO COMMUNICATION), Subchapter 3
(SPECIAL PROVISIONS RELATING TO RADIO), Part 1 (General Provisions),
Subsection 326 (Censorship)


http://assembler.law.cornell.edu/usc...6----000-.html

You went on stating 42 USC 1983 (which is in a set of rules that has nothing
to do with radio or radio communication) but what I'm talking about is a FCC
rule and has been since long before the FCC. The Secretary of Commerce
Herbert Hoover, back when he regulated radio in the 1920's supported the
creation of that law because he believed the government shouldn't infringe
on the first amendment. That the government job when it regulated radio was
to set time, allocate frequencies, and issue licenses. He was the one to
push 47 USC 326 onto the Federal Radio Commission and then was it added as a
rule under the Federal Communication Commission. The only content the
governement (FCC) was and is allowed to regulate over radio, and televsion
is Obscene and Indecent material and that's it. The FCC thinks they can
regulate the content of amateurs or should I say restrict what they say
because it was thought out and believed that if you wanted to talk about
stuff beyond amateur radio service then that person should apply for a
broadcast license. That's why under part 97 it's illegal to broadcast in
the amateur bands, however amateur can run one way bulletins directed
towards amateurs. Broadcasting means programming that is directed towards
the public. There is however, a "grey line" betrween one way bulletins and
broadcasting. When does a one way bulletin become a broadcast? and again is
the FCC really allowed to regulate the content of that station? This idea
that all a person has to do is apply for a license is nothing more then a
sick joke created by the FCC to use against those who go on the air without
a license. It is a excuse created by the FCC to use in court. The FCC
licensing structure dealing with broadcasting has become complex and
expensive thus, making broadcasting beyond the reach of an average person.
The normal cost for a broadcast station is between $50,000 to as high a
$1,000,000. Amateur Radio should remain a place where free speech should be
allowed to continue to grow without FCC interference.

Todd N9OGL

(b) look up the case law based on that section and see why there is
no "free spech" right in an amateur license.

--
Phil Kane






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